UNITED STATES v. PENA-GARCIA

No. 74-1595.

505 F.2d 964 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Eustorgio PENA-GARCIA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

October 30, 1974.


Attorney(s) appearing for the Case

Charles M. Sevilla, Deputy, Federal Defenders, Inc. (argued), San Diego, Cal., for defendant-appellant.

Stephen V. Petix, Asst. U. S. Atty. (argued), San Diego, Cal., for plaintiff-appellee.

Before DUNIWAY and WRIGHT, Circuit Judges, and BURNS, District Judge.


OPINION

EUGENE A. WRIGHT, Circuit Judge:

Having been convicted on four counts of transporting illegally admitted aliens [8 U.S.C. § 1324(a)], defendant on this appeal argues two points: (a) the trial court erred in failing to suppress evidence taken in a roving checkpoint search 55 to 60 miles north of the Mexican border, and (b) the defendant was denied a fair trial and the effective assistance of counsel because of conduct of the trial judge. While...

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